The US Citizenship and Immigration Services (USCIS) has released updated guidance clarifying the implementation of the USD 100,000 H-1B visa fee, following a presidential proclamation issued on 19 September. The guidance addresses who is responsible for paying the fee, the circumstances in which it applies, and how employers may apply for rare exceptions.

Presidential proclamation and fee Overview

The 19 September proclamation imposed a USD 100,000 fee on certain H-1B visa petitions, sparking confusion among employers. H-1B visas are often the primary pathway for high-skilled foreign nationals to work long-term in the United States.

USCIS clarified through its release on 20 October, “The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on Sep

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